Damaged TV

[ff3508]

What is the name of your state?CA

Hi I would appreciate if I can get some advice or help on this issue.

I bought a plasma TV from an online merchant called www.buzz4digital.com.

I paid $5500.00 for the brand new TV and it came with 3 year extended warranty and shipping insurance.

When the TV came to me it had a cracked screen but I only noticed it after the delivery guy left.

I called the merchant and told them about the damaged TV that was sent to me.

This is my first time buying a TV online. They told me that it was my fault that I should have checked the TV in front of the delivery guy before signing the proof of delivery form ( which I did sign). No one or anything notified me that I was to check the TV in front of the delivery guy. Because of this they said they aren't liable of the damages.

The proof of delivery form that I signed didn't say anything that I was suppose to check the TV in front of the delivery guy. Also the delivery guy didn't tell me to check the item also. The form only showed from where it was shipping from and to, date, and order number. Nothing else was stated.

The delivery company that damaged the TV won't reimburse me even though they damaged it. The shipping was insured, they said it was my fault even though they didn't tell me to check the TV or have anything written on the proof of delivery that states to check the TV in front of the delivery guy. Do you think its the delivery company I should be sueing?

I filed a dispute with my credit card company but they said they are not helping me because of the same reason which was I didn't checked the item during delivery while signing the form. They told me I should have read the merchant's policy online.

Now I'm stuck with a broken TV. What am I to do. I don't want to end up losing $5500. Please help me out. I'm very worried.

Some questions I have are do I have to file a small claims at their court which is in brooklyn NY? How much does it cost to sue? and is it worth it in my case? Should I get a lawyer?

Please help

Thank you
Derek

 

[seniorjudge]

What is the name of your state?CA

Hi I would appreciate if I can get some advice or help on this issue.

I bought a plasma TV from an online merchant called www.buzz4digital.com.

I paid $5500.00 for the brand new TV and it came with 3 year extended warranty and shipping insurance.

When the TV came to me it had a cracked screen but I only noticed it after the delivery guy left.

I called the merchant and told them about the damaged TV that was sent to me.

This is my first time buying a TV online. They told me that it was my fault that I should I have checked the TV in front of the delivery guy before signing the proof of delivery form ( which I did signed). No one or anything notified me that I was to check the TV in front of the delivery guy. Because of this they said they aren't liable of the damages.

I filed a dispute with my credit card company but they said they are not helping me because of the same reason which was I didn't checked the item during delivery while signing the form. They told me I should have read the merchant's policy online.

Now I'm stuck with a broken TV. What am I to do. I don't want to end up losing $5500. Please help me out. I'm very worried.

Some questions I have are do I have to file a small claims at their court which is in brooklyn NY? How much does it cost to sue? and is it worth it in my case? Should I get a lawyer?

Please help

Thank you
Derek

This is my first time buying a TV online. They told me that it was my fault that I should I have checked the TV in front of the delivery guy before signing the proof of delivery form ( which I did signed). No one or anything notified me that I was to check the TV in front of the delivery guy.

This is very clearly stated on the shipping info you get (or at least it has been on everything I have ever ordered).

 

[ff3508]

The proof of delivery form that I signed didn't say anything that I was suppose to check the TV in front of the delivery guy. Also the delivery guy didn't tell me to check the item also. The form only showed from where it was shipping from and to, date, and order number. Nothing else was stated.

 

[seniorjudge]

The proof of delivery form that I signed didn't say anything that I was suppose to check the TV in front of the delivery guy. Also the delivery guy didn't tell me to check the item also. The form only showed from where it was shipping from and to, date, and order number. Nothing else was stated.

Then by all means take it to court.

 

[ff3508]

Thanks for the help so far seniorjudge.

This is my first time sueing others and so I'm fairly foreign to this. Do I have to file it with the court over there or can I do it in my Sacramento Court. Do I have to travel all the way to New York to sue him? Also how much does it cost to file a smalls claims court and do I need a lawyer. Should I be sueing the shipping company because they damaged the TV?

 

[seniorjudge]

Thanks for the help so far seniorjudge.

This is my first time sueing others and so I'm fairly foreign to this. Do I have to file it with the court over there or can I do it in my Sacramento Court. Do I have to travel all the way to New York to sue him? Also how much does it cost to file a smalls claims court and do I need a lawyer. Should I be sueing the shipping company because they damaged the TV?

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

File it in the county where you took possession of the stuff.

Remember that you will have to prove it was damaged when you accepted it.

 

[ff3508]

I did not move the TV to a new location ever since the delivery guy left it in my garage. When I unboxed it in my garage I noticed the crack screen. I called the merchant right away and they notified the shipping company and they told me that they will have an inspector come out to inspect the damage.

Is that proof that it was damage when I accepted it?

 

[JETX]

When the TV came to me it had a cracked screen but I only noticed it after the delivery guy left.

Potentially, a BIG problem:
From the merchants website:
"Please be advice that at the time of receiving your order for a Plasma Television or LCD display, you must open the box and make sure there is no concealed damage before you sign for the TV. Once you have signed for the delivery, this confirms that you accepted the TV with out any damage or losses.Buzz4Digital.com is NOT LIABLE FOR, NOR WILL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE GIVEN AS A RESULT OF, ANY LOSS OR DAMAGE once you sign for the product."
http://www.buzz4digital.com/shop/policiesandservices.asp

 

[ff3508]

Thanks for the help seniorjudge and JETX

I didn't know about the policy (online) until a dispute was filed with AMEX. All I wanted was to buy a TV. Their representative that took my order over the phone did not tell me of their policy. Delivery guy didn't tell me to check the TV. The proof of delivery didnt state anything to check the TV.

Should I be sueing the delivery company? merchant? or not even sue at all?
Also do I have to travel to where the merchant does business to sue them?

 

[JETX]

Should I be sueing the delivery company? merchant? or not even sue at all?

Considering your loss if you don't, I would sue all of them... and let the court decide between the three of you. However, be prepared to lose.

Also do I have to travel to where the merchant does business to sue them?

Nope. Sue them in your home court... and see if they file a motion to dismiss due to lack of jurisdiction. If they do, you may have to argue venue.

 

[ff3508]

Thanks for the help Jetx, I was wondering if u can help me out here

The shipping company reimbursed one-third of how much the TV was worth which is $1,400 dollars and I returned the 3 year extended warranty ($1000 worth) back to them. They were willing to give me 2,400 dollars total to settle this but now they are not going to give me this settlement because I filed a dispute with my credit card company. The 2,400 dollars are not even theirs and now they aren't even willing to give this amount. Their reason for not giving me this 2,400 dollars as settlement now was because they said they have attorney fees to pay because I filed a dispute with my credit card company.

The TV was insured for the full amount to arrive to me safely. What was the point of me having to buy shipping insurance if I had to check the TV in front of the delivery guy? If I were to check it in front of the delivery guy and it was damaged, I could have refused the order with or without insurance.

1. Their proof of delivery didn't say to check the TV in front of the delivery guy.
2. The delivery guy didn't tell me to check the TV in front of him.
3. The merchant's representative that took my order which was over the phone, didn't tell me about checking the TV in front of the delivery guy.
4. The only part it said to check the TV was the online policy which I never knew about or was ever told to read it by anyone or anything.

I personally think it's the shipping company's fault. They broke the TV and were only willing to cover one-third of the TV. The shipping company is not honoring their shipping insurance.

Do you think I can win?

The TV is perfectly new but the inner screen is cracked. I did not move it to a new location ever since the delivery guy set it in my garage. I also called the merchant about the cracked screen immediately right after the delivery guy left. The only thing I did was unbox the TV and saw the damaged screen.

 

[ff3508]

Can someone please help me with the questions I have written in my previous post above. Thank you
Derek

 

[JETX]

Can someone please help me with the questions I have written in my previous post above.

The only questions you asked are:
"What was the point of me having to buy shipping insurance if I had to check the TV in front of the delivery guy?[/quote]
1) It put more money in someone's pocket.
2) It gave you a 'warm fuzzy' implication that you were somehow insured from shipping damage.

Do you think I can win?

Based solely on the information in your post.... maybe. I doubt that you have much chance against the merchant unless you can discharge their waiver. As for the shipper... we don't have all the facts.

 

[ff3508]

Thanks for helping me out again Jetx

By what you are telling me then, I shouldn't even bother sueing them... This is terrible news to hear because I thought If I were to sue them I get at least my $2,400 dollars which basically belongs to me and hopefully get some more for them causing me all this trouble. This merchant has been treating me awfully, hanging up on me, and swearing.

Are you sure about what you are saying? I don't mean to doubt or disrespect you but can I ask if you are a lawyer. Thanks
Derek

 

[seniorjudge]

Derek, if you got a judgment against them for $2400 (for example) what would you do with it?